View Single Post
Old 09-27-2010, 09:54 PM   #18
terry and jo
Senior Member
 
Join Date: Feb 2009
Location: Retired Okie now in Colorado
Posts: 531
Quote:
Originally Posted by Motor31
Quote:
Originally Posted by BobW
The guys at Mountain Master told me that if I did get into an accident, because I was over weight, I would be at fault, of course. Even if it wasn't my fault.
That is pure hogwash. Being overweight does not constitute fault, unless being overweight was the direct factor that led to the collision. In other words if you are over weight and are rear ended at a stop sign you are not at fault for the collision. You may be cited for being overweight but that was not contributory to the collision.

Now if you are over weight and slide through a stop sign the weight is a secondary violation, the first being that you did not stop for the sign. You would be held liable for the collision as both situations led to the collision and driving overweight adds more to the negligence involved. That would also lead to more responsibility in the civil suit as well.
Could it be that the "at fault" factor here is related only to whether insurance would cover an accident instead of the legal aspect of being overweight? In other words, would an "overweight" status be reason for an insurance company to deny payment?

Terry
__________________
Terry and Jo
2010 Mobile Suites 38TKSB3 #5332 - 2008 Ford F450
Terry's Smugmug Site
terry and jo is offline   Reply With Quote